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RNI No. MAHENG/2009/35528
1

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In  pursuance  of  clause  (3)  of  article  348  of  the  Constitution  of  India,  the  following  translation
in  English  of  the  Shree  Shanaishwar  Devasthan  Trusts  (Shingnapur)  Act,  2018  (Mah.  Act  No.  LVIII
of  2018),  is  hereby  published  under  the  authority  of  the  Governor.

By  order  and  in  the  name  of  the  Governor  of  Maharashtra,

RAJENDRA  G.  BHAGWAT,

I/c.  Secretary  (Legislation)  to  Government,

Law  and  Judiciary  Department.

MAHARASHTRA  ACT  No. LVIII OF  2018.

(First published, after having received the assent of the Governor in the
“ Maharashtra Government Gazette ”, on the 13th August 2018).

An Act to re-constitute a public trust registered  under the name Shree Shanaishwar
Devasthan, at Shingnapur, District Ahmednagar under the  Maharashtra Public Trusts Act
and to provide for better administration of  Shree Shanaishwar Temple and control of the
State Government on the trust and for matters connected therewith or incidental thereto.

XXIX of
1950.

AND  WHEREAS  the  administration  of  the  Public  Trust  registered  under  the
Maharashtra Public Trusts Act, with the name "Shree Shanaishwar Devasthan" at Shingnapur,
Nevasa, Ahmednagar is vested in the Board of Management under a scheme approved by
Assistant Charity Commissioner, Nashik Division, Nashik on the 9th November 1990 and a
scheme modified by Assistant Charity Commissioner, Ahmednagar division, Ahmednagar;

XXIX of
1950.

AND  WHEREAS the  power to  execute the  rules and  sub-rules for  administration
and management of Shree Shanaishwar Devasthan is vested in the Board of Management
by  the  scheme  made  under  Maharashtra  Public  Trusts Act,  and  the Assistant  Charity
Commissioner, Ahmednagar has the power of appointment of Board of Management for
the term of five years;

AND WHEREAS on expiration of the term of five years of the previous Board of
Management  of  Shree  Shanaishwar  Devasthan,  the Assistant  Charity  Commissioner,
Ahmednagar has, under his order dated the 6th January 2016, re-constituted the Board of
Management of the said Trust;

¦ÉÉMÉ  +É`ö--132--1

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AND WHEREAS complaints have been received by the State Government regarding
irregular  management  of  the  previous  Board  of  Management  of  Shree  Shanaishwar
Devasthan, Ahmednagar and also about the selection process of newly constituted Board
of  Management  of  Shree  Shanaishwar  Devasthan, Ahmednagar  by  an  order  dated  the
6th January, 2016.

AND WHEREAS the issues of law and order on account of a certain practice in the
matter of taking darshan of deity 'Shani' from Chauthara (platform) was required to be
dealt with;

AND WHEREAS it is expedient to enact a separate law to re-constitute the Trust and
to provide for the management of Shree Shanaishwar Temple by a committee directly under
the Government supervision to enable the Trust to give more facilities for the devotees; and
for matters connected therewith or incidental thereto; it is, hereby enacted in the Sixty-ninth
Year of the Republic of India as follows:-

CHAPTER  I

PRELIMINARY

Short title and
commencement.

1. (1) This Act may be called the Shree Shanaishwar Devasthan Trust (Shingnapur)

Act, 2018.

(2) It shall come into force on such date as the State Government may, by notification

in the Official Gazette, appoint.

Definitions.

2. In this Act, unless the context otherwise requires,-

(a) "appointed day" means the date specified in the notification issued under sub-

section (2) of section 1;

(b) "Committee" or "Management Committee" means the Management Committee

constituted under section 5;

(c) "Devasthan" means devasthan of Lord Shani at Shingnapur, Ahmednagar;

(d)  "Devasthan Trust"  means  the  Public Trust  in  respect  of  Shree  Shanaishwar

Devasthan, Taluka Newasa, District Ahmednagar, as re-constituted under this Act;

(e) "erstwhile trust" means the public Trust registered under the Public Trusts Act,

with registration No. A/587, referred to in sub-section (1) of section 3;

(f) "Executive Officer" means the Executive officer of the Committee appointed

under section 18;

(g)"Management Fund" means the management fund of the Committee constituted

under section 27;

(h)"Member" means a member of the Committee, and includes any office-bearer
thereof  whether  called  as,  the  Chairman, Vice-Chairman  and Treasurer  or  by  any
other designation;

(i)"prescribed" means prescribed by rules made by the State Government under this

Act;

(j)"Public Trusts Act" means the Maharashtra Public Trusts Act or any other law

relating to Trusts, for the time being in force;

XXIX  of
1950.

(k)"Trust"  means  the  DevasthanTrust  as  constituted  under  sub-section  (1)  of

section 3;

(l)"Trust  Fund"  means  the  Fund  of  the  Devasthan  Trust  constituted  under

section 25;

(m)"Regulations" means the regulations made by the Committee under section 47;

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3

(n) "rules" means the rules made under this Act;

(o) "Temple" means the Shanaishwar Temple at village Shinganapur, Taluka Newasa,

District Ahmednagar;

(p) "year" means the financial year; and

(q) words and expressions used in this Act, but not defined, shall have the meanings,

respectively assigned to them in the Public Trusts Act.

CHAPTER  II

RECONSTITUTION AND TRANSFER  OF  PROPERTY  OF THE  ERSTWHILE
TRUST

3. (1) Notwithstanding anything contained in the Public Trusts Act or any other law for
the time being in force, on and from the appointed day, the provisions of this Act shall apply
in  respect  of  erstwhile  trust  registered  as  "Shree  Shanaishwar  Devasthan"  at  village
Shinganapur, Taluka Nevasa, District Ahmednagar, with registration No. A/587 and the said
Trust shall be re-constituted as provided in this Act.

Reconstitution
of erstwhile
trust and
transfer to and
vesting of
properties.

Transfer of
possession
of
valuables
and
properties
to  Trust.

(2) On the appointed day, all the properties, whether movable or immovable (including
all assets, rights, funds, liabilities and obligations) of the erstwhile trust shall, by virtue of, and
in  accordance  with,  the  provisions  of  this Act,  stand  transferred  to,  and  vested  in  the
Management Committee for the purposes of the Devasthan Trust so reconstituted under
sub-section (1) and the Executive Officer shall, on behalf of the Committee, be entitled to
their possession and management from that day.

(3) The Committee or Board of Trustees functioning in relation to the erstwhile trust
immediately before the appointed day shall cease to function; and all its powers, duties,
rights and privileges, if any, in relation to the erstwhile trust shall vest in the Management
Committee of the Devasthan Trust.

4. (1)  The  Board  of  Trustees  of  the  erstwhile  trust  and  every  other  person  in

possession of,-

(a) any movable or  immovable property of the erstwhile Trust; or

(b)  the valuable articles, and the money including the money in the form of deposits
in bank or in credit society or with any person or investment in shares, belonging to the
erstwhile Trust,

shall  hand  over  possession  thereof,  or  transfer  or  cause  to  be  transferred,  forthwith,  or
within such longer period not exceeding thirty days, as may be allowed by the Management
Committee, along with full inventory thereof, to the Executive Officer on behalf of the
Management Committee.

(2)  Where  any  property  is  handed  over  or  transferred  under  sub-section  (1),  the
Executive  Officer  shall,  after  due  verification  with  the  inventory,  pass  a  proper  receipt
in  writing  for  the  same  to  the  transferor  and  thereupon,  the  Executive  Officer  shall  be
responsible for the safe custody of such property thereafter.

(3) On so handing over or transferring any such property of the erstwhile Trust to the
Executive Officer and obtaining a receipt thereof under sub-section (2), the transferor shall
stand released and discharged from all claims and demands or liability in respect of that
property.

(4) Immovable property held by the Devasthan Trust shall not be sold without public
auction and without prior permission of the Government in Law and Judiciary Department
and while granting permission, the Government shall ensure that the offset price of such
immovable property shall not be less than the market value of such property as per the rates

¦ÉÉMÉ  +É`ö--132--1+

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fixed under the Annual Statement of rates fixed under the Maharashtra (Determination of
market value) Rules, 1995 or any other law for the time being in force:

Provided that, the person who has vested interest in the immovable property at the
time of public auction shall have the first right to purchase the said immovable property at
the highest bid price accepted at such auction.

(5) No instrument alienating the immovable property of the Trust without following the

procedure mentioned in this section shall be valid.

CHAPTER  III

MANAGEMENT  COMMITTEE

Constitution  of
Management
Committee  for
Devasthan
Trust.

5. (1)  For the purpose of management of the Devasthan Trust, the State Government
shall, as provided in sub-section (2), constitute a Committee to be called "Shree Shanaishwar
Devasthan Trust Management Committee".

(2)The State Government shall, by notification in the Official Gazette, appoint the
Chairman, Vice-Chairman, Treasurer and not more than eight other members to constitute
the Committee under sub - section (1):

Provided  that,  out  of  the  total  number  of  members  not  less  than  one  member
shall be a woman and at least two members, of whom one shall be a person belonging to the
Scheduled Castes and one to the Scheduled Tribes, shall be appointed from amongst the
persons ordinarily residing in the State.

(3) Subject to other provisions of this Act, the Committee shall be a body corporate by
the name aforesaid, having perpetual succession and a common seal with power to acquire,
hold and dispose of property, both movable and immovable, and to contract and shall by the
said name sue and be sued.

Allowances to
members.

6.  (1)  There  shall  be  paid  from  the  management  fund  to  each  member  such
honorarium and  travelling allowance and daily allowance for attending the meetings of
the  Committee  or  for transacting  any  business  connected  with  duties as  a  Chairman  or
member to the place where such meetings are held or business is transacted and for the
return journey from such place at such rates, as may be prescribed.

Term of office
of members.

(2) Notwithstanding anything contained in any other law for the time being in force,
a  member  of  the  State  Legislature  while  holding  the  office  of  a  member  of  the
Committee who is eligible for any allowance or honorarium under sub-section (1) shall not
be disqualified for continuing as a member of the State Legislature.

7. (1) A Chairman, Vice- Chairman or member shall be appointed for a period of three

years:

Provided that, the term of office of such outgoing member shall be deemed to extend
to and expire with, the date on which the notification constituting the new Committee is
published in the Official Gazette.

(2) A member may, by writing under his hand addressed to the State Government and

a copy to the Chairman, resign from the office of member of the Committee:

Provided that, such resignation shall not take effect until it is accepted by the State

Government.

(3) If a member without obtaining leave from the Committee, remains absent for three
consecutive meetings of the Committee, he shall cease to be a member thereof, from the
time the third meeting is duly terminated.

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5

8. (1) A person to be appointed as a member of the Committee shall be,-

(a) the permanent resident of the State of Maharashtra; and

Qualifications for
being member.

Disqualification
for membership.

(b) a devotee, of Shree Shanaishwar of Newasa. He shall, prior to his appointment

as a member, make such declaration in the prescribed form.

(2)  The  Chairman,  Vice-Chairman,  Treasurer  and  other  members  shall,  unless

otherwise disqualified, be eligible for re-appointment.

9.  A person shall be disqualified for appointment as, or for being, a member, if he-

(a) is not qualified under sub-section (1) of section 8;

(b) is a minor;

(c) is of unsound mind, and is so declared by a competent court;

(d) is an undischarged insolvent;

(e) has directly or indirectly any interest in a lease or any other transaction relating to
the immovable property of Devasthan Trust or lawfully held the property of the Devasthan
Trust;

(f) is a paid servant of the Committee or has any share or interest, directly or indirectly,
in any contract for supply of goods to, or for execution of any work, or the performance of
any service, undertaken by the Committee in respect of the Trust;

(g) has been convicted by a criminal court of any offence involving moral turpitude;

(h) has,without obtaining leave of absence from the Committee remained absent,-

(i) for three consecutive meetings of the committee;

(ii) from India for a continuous period of six months;

(i) has been found guilty of grave misconduct in the discharge of his duties or being
guity of corruption or any disgraceful conduct while holding the office of the member of the
Committee;

(j) has been suspended, removed or dismissed as a Trustee of any public Trust, under
section 41-D or any other provisions of the Public Trusts Act by the Charity Commissioner
or Court;

(k) is practicing as a Legal Practitioner for or against the Devasthan Trust;

(l) has left India for the purpose of residing abroad.

10. (1)  The  State  Government  may  remove  from  office,  the  Chairman,
Vice-Chairman,  Treasurer  or  any  other  member  of  the  Committee,  on  any  of  the
following grounds, namely:-

Removal of
members.

(a) that he has incurred any of the disqualifications mentioned in section 9;

(b) that in the opinion of the State Government, the standard of performance of
such  person  is  not  found  to  be  satisfactory  or  not  upto  the  expected  standard  of
performance.

(2)  No  person  shall  be  removed  under  this  section  unless  he  has  been  given  a

reasonable opportunity of showing cause, in writing, in the matter against his removal.

(3) The decision of the State Government in this behalf shall be final.

11.   Notwithstanding anything contained in the foregoing provisions or any other
provisions of this Act, the State Government may, by notification in the Official Gazette,
curtail  the  term  of  office  of  the  Chairman,  Vice-Chairman, Treasurer  or  all  or  any  of
the  other  members  holding  office  for  the  time  being  and  appoint  a  new  Chairman,
Vice-Chairman, Treasurer and other members either for the remainder of the term or for a
full term of three years, as the State Government may deem fit.

Power to
reconstitute
Committee.

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Filing up of
casual vacancy.

12.  In the event of any vacancy occurring on account of death, resignation, disqualifi-
cation or removal of a member or on account of non-acceptance of office by the member or
where the appointment is set aside, or on account of a member becoming incapable of acting
prior to the expiry of his term of office, or desiring to be relieved or discharged or refusing to
act or neglects to perform his duties as such member, the Executive Officer shall forthwith
communicate the occurrence of the event to the State Government through the Manage-
ment Committee; and the vacancy shall be filled in as soon as conveniently may be, by
appointment of a person thereto and the member so appointed shall hold office so long only
as the member in whose place he is appointed would have held it, if the vacancy had not
occurred.

  CHAPTER  IV

CONDUCT  OF  BUSINESS

Meetings of the
Committee and
rules of
procedure.

13.

(1) For the transaction of its business, the Management  Committee shall
meet at such intervals as it may determine, from time to time, so however, that not more than
thirty days shall elapse between the two meetings.

(2) One-half of the number of members of a Committee shall form a quorum:

Provided that, when a quorum is required but not present, the presiding authority shall
adjourn the meeting for thirty minutes and the business which would have been brought
before the original meeting had there been a quorum thereat, shall be brought before the
adjourned meeting, whether there be a quorum present or not.

(3) Every meeting of the Committee shall be presided over by the Chairman of the
Committee and in his absence by the Vice-Chairman and, in their absence,by a member
elected for the purpose by the members present.

(4) All questions arising at the meeting of the Committee shall be determined by the
majority of votes of the members present. In the case of equality of votes, the Chairman or
the person presiding, as the case may be, shall have a right to exercise a casting vote:

Provided that, the Chairman of the meeting shall have a power to cast his first vote in
his capacity as a member and thereafter have a second and casting vote in his capacity as a
Chairman.

(5) The Executive Officer, being the ex-officio Secretary of the Committee, shall be
responsible for the maintenance of the minutes of the proceedings of every meeting, and
such minutes shall be duly countersigned by the Chairman or by the member presiding at the
meeting, as the case may be.

(6) Consistent  with  the  provisions  of  this Act  and  the  rules  made  thereunder,  the
Committee  shall  make  regulations,  with  the  approval  of  the  State  Government  for
regulating its procedure and the conduct of its business.

Defect or
vacancy not to
invalidate acts.

14.  No act or proceedings of the Committee or of any person acting as the Chairman
or a member of the Committee shall be deemed to be invalid by reason only of the existence
of a vacancy amongst its members or a defect in the constitution thereof or on the ground
that the Chairman or any member of the Committee was not entitled to vote or to continue in
office by reason of any disqualification or by reason of any irregularity or illegality in his
appointment.

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7

15. (1) Subject to any general or special order of the State Government,  it shall be the

duty of the Committee,—

Duties and
powers  of
Committee.

(a) to manage the properties and affairs of the Trust efficiently;

(b) to make proper arrangement for the conduct and performance of rituals, wor-
ship, ceremonies and festivals in the Devasthan according to the custom and usages;

(c) to provide necessary facilities and amenities to the devotees;

(d)  to apply the income of the Devasthan Trust  to the objects and purposes for
which the Devasthan Trust is constituted and administered or to the other objects or
purposes akin to the purposes of the Devasthan Trust or to  the purposes allowed by or
under this Act;

(e) to  ensure  due  and  proper  continuance  and  performance  of  worship,  rituals,
ceremonies or services of the nitya or daily or periodical, general or special pooja in
the Temple without any break or hindrance or without in any way curtailing the form,
dignity, grandeur or manner of pooja, archana, religious faith, or belief which were
being performed in relation to the deity  in the Devasthan Trust immediately before the
appointed day; taking particular care to ensure that, as far as possible, darshan, etc.,
of the deities or prayer or worship in the Devasthan Trust is available to the devotees;
appointing person or persons, on payment of such remuneration, and subject to such
terms and conditions, for performance of any seva or service in the Temple, as the
Committee may, in the interest of the better management of the Temple, determine;

(f) with the previous sanction of the State Government to acquire or purchase land
or buildings required for the purpose of development and carrying out schemes of the
Devasthan Trust and to carry out the objectives or purposes of the trust:

Provided that, before acquiring or purchasing any land or building, a certificate from

the Government Approved Valuer shall be obtained by the Committee;

(g) to expand the library of the literature of the Shree Shanaishwar;

(h)  to collect the daily offerings, received either in cash or kind including dakshina,
bhog, donation, subscriptions and the like in the Devasthan Trust or within the pre-
cincts thereof, to the exclusion of any other person, and to ensure the safe-custody of
the valuable security, jewellery, ornaments and all other offerings so collected:

Provided that, the cash, offerings received in cash Box, Hundi or otherwise shall be
counted in the presence of the Assistant Charity Commissioner, Ahmednagar or his
representative; and where offerings received are in kind, the Committee shall cause
the valuation thereof to be determined by the Government Approved Valuer;

(i) in respect of Devasthan Trust under its control credit to the Trust Fund, the cash,
offerings so received, and where the offerings received in kind are sold, the proceeds
thereof, received by the Committee;

(j) generally do all such acts as may be incidental, conducive or necessary for the
purposes of proper and efficient management, maintenance and administration of the
properties and affairs of the Devasthan Trust; and to charge such fees for providing
services through its sevekaris as the Committee may, from time to time, determine.

(2) (a) No immovable property vested in the Devasthan Trust shall be leased for more
than a year, or mortgaged, sold or otherwise alienated, by the Committee except with the
previous sanction, in writing, of the State Government.

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(b) No  jewellery,  ornaments  and  other  valuable  movable  property  vested  in  the
Devasthan Trust, the value of which is more than fifty thousand rupees, shall be sold, pledged
or otherwise alienated by the Committee, except with the previous sanction, in writing, of the
State Government.

(c) The Committee shall have no power to borrow money from any person or party,

except with the previous sanction, in writing, of the State Government.

(d) Subject to the prior approval of the State Government, the Committee shall have
all the powers not otherwise specifically provided under this Act, but are necessary for
performing its duties and functions under this Act.

Power of
Committee  to
grant
licence.

16. (1) Any person who desires to sell flowers, prasad, books and other literature,
pictures and any other material approved by the Committee or to look after cars and other
vehicles, bicycles, shoes, umbrellas or other personal effects within and on the precincts of
the premises of the Devasthan Trust shall apply to the Committee for grant of a licence or
renewal thereof in such manner and within such period as may be provided by bye-laws.

Power to cancel
or suspend
license.

(2) Every such application shall be accompanied by such fee as the Committee may

specify in this behalf by bye-laws.

(3) The Committee may grant or renew the licence or for reasons to be recorded in

writing refuse to grant or renew the licence.

(4) All  the  licences  granted  or  renewed  under  this  section  shall  be  subject  to  the

provisions of this Act and the rules and bye-laws made thereunder.

17. (1) Subject to the provisions of sub-section (2),  the Committee may, for reasons

to be recorded in writing, suspend or cancel a licence,-

(a) if the licence has been obtained through wilful misrepresentation or fraud;

(b) if the licensee or any servant or any person acting on his behalf with his express
or implied permission, commits a breach of any of the terms and conditions of the
licence;

(c) if the licensee has become an insolvent; or

(d) if the licensee is convicted of any offence involving moral turpitude.

(2) No licence shall be suspended or cancelled under this section unless a reasonable
opportunity to show cause against such suspension or cancellation has been given to such
licensee.

CHAPTER  V

EXECUTIVE OFFICER AND  OTHER OFFICERS

Appointment  of
Executive
Officer and
other
officers and
employees
of Committee.

18.

(1) The State Government shall appoint a person to be the Executive Officer
from amongst the officers not below the rank of the Deputy Collector, for the purposes of
this Act. He shall hold the office ordinarily for a period of three years from the date of his
appointment unless his term of office is determined earlier by the State Government by an
order issued in this behalf.

(2) When  a  temporary  vacancy  occurs  in  the  office  of  the  Executive  Officer,  by
reason of sickness or leave or any other reason, the State Government shall at the earliest
opportunity fill up the vacancy by appointing an officer from amongst the officers not below
the rank of Deputy Collector for the period of absence of the Executive Officer.

(3) He shall be the ex-officio Secretary of the Management Committee.

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9

(4) Other officers and employees of the Committee shall be appointed on such terms
and conditions of services as may be determined by regulations duly approved by the State
Government.

(5) The Executive Officer shall, as soon as may be, after the commencement of this
Act or after the appointed day, as the case may be, prepare a schedule setting forth therein
the duties, designation and grades of officers, employees and the particulars relating to the
salaries and allowances or honorariums payable to them, to the State Government through
the  Management  Committee  for  the  approval.  Such  schedule  shall  come  into  force  on
approval of the State Government. No change shall be made in such schedule without the
sanction of the State Government:

Provided that, no officer or employee, who is paid or is to be paid a salary of more than
thousand rupees per month, shall be appointed by the Committee, without the previous
approval of the State Government.

(6) The salary and allowances and other expenses of the Executive Officer and other

officers and employees of the Committee shall be paid out of the Management Fund.

19. (1) The Executive Officer shall, subject  to the superintendence, direction and
control of the Committee, have power to carry out its decisions and orders in accordance
with the provisions of this Act and the rules, regulations and bye-laws made thereunder.

Powers and
duties of
Executive
Officer.

(2) Notwithstanding anything contained in sub-section (1), the Executive Officer shall
be responsible for the custody of all records and properties of the Devasthan Trust and shall
make proper arrangement for collection of offerings, dakshina, bhogs or bhets and the like,
whether in cash or kind, made in the Devasthan Trust and he shall have power,-

(a) to take disciplinary action against any officer or employee of the Committee;
(b)  to propose the suspension of any officer or employee of the Committee to the

Committee;

(c) to grant lease of the lands and buildings which are ordinarily leased out for a

period not exceeding one year at a time;

(d) to call for tenders for works or for supplies, and accept such tender, when the

amount or value thereof does not exceed one lakh rupees;

(e) to decide disputes between employees of the Committee ;
(f) to dispose of perishable offerings, by auction or otherwise, and credit the sale

proceeds to the Trust Fund;

(g) to undertake urgent repairs or measures required for safety or convenience of

the devotees;

(h) to do all other acts and things, including grant of licences, which he is empow-

ered to do by the Committee or under the regulations:

 Provided that, the exercise of powers under clauses (a), (b) and (c) shall be subject
to the directions of the Committee, if any, issued either generally or specially in that
behalf.

(3) The other officers and employees of the Committee shall exercise such powers
and perform such duties and functions as are assigned to them by the Committee or the
Executive Officer or under the regulations.

20.  Subject to the post facto approval of the Management Committee in the consecu-
tive meeting, the Executive Officer may, in case of emergency, direct execution of any work
or the doing of any act, involving expenditure not exceeding rupees three lakh which is not
provided for in the budget for the year and the immediate execution or the doing of which is
in his opinion necessary for the preservation of the properties of the Devasthan Trust or the
services or safety of the pilgrims resorting to the Devasthan and may also direct that such
expenses not exceeding three lakh rupees for executing such work or doing of such act, shall
be paid from the Trust Fund.
¦ÉÉMÉ  +É`ö--132--2

Emergency
power of
Executive
Officer.

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Terms and
conditions of
service of the
Executive
Officer,
other officers
and
employees.

Allocation of
employees of
erstwhile  trust
to Devasthan
Trust.

21. (1) The Executive Officer shall be the servant of the State Government, but he
shall draw his salary and allowances directly from the Management Fund; and his conditions
of service on deputation to the Committee shall be such as may be determined by the State
Government.

(2) The terms and conditions of service, qualifications, method of recruitment, duties
and functions, pay, allowances, honorarium, discipline and conduct of the other Officers,
servants, employees of the Committee, shall be such as may be determined by the Commit-
tee with the approval of the State Government; and as far as may be practicable, but subject
to the provisions of this Act, they shall not be inferior to the existing conditions of service.
Their pay and allowances shall be paid from the Management Fund.

(3) There shall be paid, every year out of the Management Fund to the State Govern-
ment, such cost or amount as the State Government may determine on account of pension,
leave and allowances (other than those drawn from the Management Fund) payable to the
Executive Officer.

22. Every person who, immediately before the appointed day, is serving in connection
with the affairs of the erstwhile trust shall be deemed to have been allocated and appointed
for service as from the appointed day, for service under the Committee in connection with
the affairs of the Devasthan Trust, on the same salary and other terms and conditions of
service which were applicable to him immediately before the appointed day to the Devastan
Trust;  and  such  conditions  of  service  shall  not  be  varied  to  his  disadvantage  or  such
employee shall not be removed from service by the Committee, except with the previous
approval of the State Government:

Provided  that, nothing  in this  section shall  affect the  powers of  the Committee  to
terminate the services of any such person in accordance with the provisions of this Act and
the regulations made by the Committee, with the approval of State Government.

Punishment by
Committee.

23. Subject to the provisions of thisAct and the rules and regulations made thereunder,
the  Committee  may  impose  any  of  the  punishments  shown  below,  for  breach  of  trust,
incapacity, disobedience of lawful order or neglect of, or wilful absence from duty, disorderly
behaviour or conduct derogatory to the discipline or dignity of the Devasthan Trust  or for
any other sufficient cause, namely:-

(a) removal from service;

(b) recovery, from emoluments or perquisites, of the whole or part of any pecuniary
loss caused to Devasthan by negligence or breach of order or disorderly behavior or
conduct;

(c) any other minor punishment as may be prescribed with the prior approval of the

State Government.

24.  No person shall be considered for appointment to any post or vacancy on the

ground merely, that he is entitled for such appointment according to,-

(i) any scheme framed, agreement entered or judgement, decree or order passed by
any court, tribunal or other authority prior to the date of commencement of this Act;

(ii)   any custom or usage; or

(iii) the principle that he is next in the line of succession to the last holder of office.

Appointment
of
officers and
employees.

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11

CHAPTER  VI
FUNDS OF THE DEVASTHAN TRUST

25.

(1) The Devasthan Trust, shall have its own Fund to be called "Shree Shanaishwar

Trust Fund.

Devasthan Trust Fund" which shall vest in the Lord Shani.

(2) The following shall form part of, or be paid into, the said Trust Fund,-

(a) all funds vested in the deity by virtue of the provisions of section 3;

(b) all sums received by way of offerings, gifts or donations to the deity or by way
of Puja charges of any nature or by way of sale proceeds by auction of such things
received in kind;

(c) income derived from the movable and immovable properties of the Trust and the

proceeds of sale, lease or other transfer or mortgage of any such properties;

(d) any contributions or grants made to the Devasthan Trust by Government or by

any local authority, trust or other institution, party or person;

(e) any sums due to the Devasthan Trust and recovered by the Committee;

(f) any other sums borrowed by the Committee;

(g) any fees, fines and penalties , if any, recovered, and all recoveries made by the

Committee, under this Act; and

(h) all other sums including licence fee and lease rent received or collected by the
Committee or a member or officer or employee thereof, for or on behalf of the Devasthan
Trust.

II of
1934.

(3) All monies and other valuable articles belonging to the Trust Fund shall be deposited
or kept only in the Nationalized Bank as defined in the Reserve Bank of India Act, 1934 or
be invested in "the public securities" as defined in clause (12) of section 2 of the Public
Trusts Act, and in accordance with such guidelines as may be issued by the State Govern-
ment, from time to time.

(4) The Trust Fund shall be operated by an office bearer or a member of the Managing
Committee and an officer of the Committee as are authorized by the Committee in this
behalf in the manner and subject to such conditions, as may be prescribed.

43 of
1961.

26.

(1) The Trust Fund shall, subject to the provisions of the Income Tax Act, 1961,
be utilised or expended by the Committee for all or any of the following purposes, namely:-

Utilisation of
 Trust Fund.

(a) the maintenance, management and administration of the Devasthan Trust and of

its properties;

(b)  training  of sevaks  to  perform  religious  worship  and  ceremonies  in  the

Devasthan ;

(c) the conduct and performance of the rituals, worship, ceremonies and festivals in

the Devasthan Trust according to the customs and usages ;

(d) providing facilities and amenities to the devotees for darshan of the deity and for
offering prayers or performing any religious service or ceremony in the Devasthan
Trust ;

(e) to provide meals to the devotees and to run Annachhatra;

(f) for propagating the teachings of the deity, or religious tenets in any Hindu religious

institution;

(g) repayment of any sum borrowed by the Committee;

(h)  any  sum  required  to  satisfy  any  judgement,  decree  or  award  of  any  court,

tribunal or any authority;

(i)  the payment of any taxes, rent, compensation, charges and other sum payable by

the Devasthan Trust   under any law for the time being in force;

¦ÉÉMÉ  +É`ö--132--3

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Management
Fund and its
utilisation.

(j)  for development of the properties of the Devasthan Trust; or for acquisition of

movable or immovable properties;

(k) construction and maintenance of rest houses, Dharmashalas or dormitories for

the accommodation and use of the devotees; and

(l) for fulfilling the duties and powers specified in  section 15.

27. (1) There shall be constituted a separate fund to be called the Management Fund,

which shall vest in, and be, under the control of, the Committee.

(2) Having regard to the balance, if any, available in the Management Fund, there shall
be placed to the credit of this Fund, every year, such sum, not exceeding ten per cent of the
approximate gross annual income of the Trust in the last preceding year, as may be fixed by
the Committee, with the approval of the State Government. The State Government may, at
any time, if found necessary, direct any additional sum to be credited to this Fund from the
Trust Fund in any year.

(3) The Management Fund shall, subject to any general or special order of the State

Government, be applied to-

(a) the payment of travelling and daily allowances to the Chairman, Vice-Chairman,

Treasurer and other members of the Committee;

(b) the payment of salaries, allowances and other sums payable to the Executive

Officer, other officers and employees of the Committee;

(c) the payment of  any expenses lawfully incurred by the Committee or any office
bearer or member or officer or employee, in the exercise of their powers and perfor-
mance of their duties and functions under this Act.

(4) The Management Fund shall be operated in same manner as the Trust Fund is

operated under sub-section (4) of section 25.

Offerings
received in
cash or kind.

28.

The Committee may, install one or more receptacles such as Hundi or Cash
Box or both at such place or places in the Devasthan or within the precincts thereof as it
may think fit for placing of offerings by the pilgrims and devotees visiting the Devasthan.

CHAPTER  VII
BUDGET, ACCOUNTS AND AUDIT

Executive
officer to
submit  budget
to State
Government.

29.

(1) The Executive Officer shall, at least one month before the commencement
of each financial year, prepare in the prescribed manner and form, a budget estimate of
receipts and expenditure of the Devasthan Trust for the following year, and place it before
the Committee which may approve it without modifications, or with such modifications, as it
may deem fit.

(2) Every such budget shall make adequate provision for,-

(a) the scale of expenditure including any customary expenditure;

(b) the due discharge of all liabilities binding on the trust or religious institution;

(c) expenditure on religious, educational and charitable purposes including donations
to other trusts or religious institutions or patients consistent with the objects of the
Devasthan Trust  or as provided or authorised by or under the provisions of this Act;

(d) for the encouragement and the spread of religious instructions according to the

tenets of the Devasthan Trust;

(e)  expenditure  on  construction,  repairs  and  renovations  of  the  buildings  and
preservation and protection of the properties and assets of the Devasthan Trust; and

(f) the amount of expenditure that may be incurred by a Committee or the Executive

Officer towards the administration of the Devasthan Trust.

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13

30.

(1) The Committee shall keep regular accounts of all receipts and disbursements

Accounts.

for each financial year and shall contain all the particulars as may be prescribed.

(2) Wherever the State Government has reason to believe that,-

(a) the Committee is not keeping regular accounts of all receipts and disbursements

as required under sub-section (1); or

(b) the expenditure in relation to a Devasthan Trust is not being incurred in accor-

dance with the budget; or

(c) it has become necessary to ascertain the fiscal position of the Devasthan Trust;

the State Government may direct the Committee,-

(i)

to furnish true and audited accounts of the Devasthan Trust and in relation

to such period as  may specify; or

(ii) where the accounts are not annually audited, to get the accounts in relation
to  such  period  as  he  may  specify,  audited  by  the  auditor  appointed  under
sub-section (1) of section 31.

31.

(1) The accounts shall be audited or cause to be audited annually by the Commit-
tee in accordance with the manner prescribed in rules made in this regard, and such rules
shall also include the provisions for appointment of auditor and remuneration which shall be
paid to such auditor from the Trust Fund.

Audit.

(2)  Every  auditor  conducting  any  audit  under  this Act,  shall  have  access  to  the
accounts and to all books, vouchers, other documents and records in possession of, or under
the control of, the Committee. The Committee and the Executive Officer shall provide to
such auditor all facilities for such access.

(3) The auditor shall submit his report to the Committee.

CHAPTER  VIII
CONTROL

32.

(1) The State Government may, give to the Committee general directions as to
the matters of policy to be followed by the Committee in respect of its powers and duties or
in the matter of administration of the Devasthan Trust and any matter ancillary or incidental
thereto; and in particular, for any action to be taken for the purpose of maintaining discipline
and order during the festivals in, or connected with, the Devasthan.

Power of State
Government to
give direction,
call for  report,
document, etc.

(2) The State Government or an officer authorised by the State Government in that
behalf may, suo moto or on an application made to it by any person having interest in the
Devasthan,  call  for  such  information,  accounts,  report  or  other  documents  or  copies  or
extracts therefrom, relating to the Devasthan Trust as considered necessary to satisfy itself
or himself that the Devasthan Trust is being properly maintained and administered, and
whether the Trust Fund is being duly appropriated to the purposes for which it is constituted,
and the said Devasthan Trust shall, on such requisition, furnish forthwith the information,
accounts, report or other documents or copies or extracts therefrom, to the State Govern-
ment, or as the case may be, to such authorised officer.

33. The State Government may, depute any officer not below the rank of Deputy
Secretary wherever considered necessary, to inspect any movable or immoveable property,
records,  correspondence,  plans,  accounts  and  other  documents  relating  to  the  Temple
and  thereupon  the  Committee,  its  officers  and  employees  shall  be  bound  to  afford  all
facilities to such officers for inspection.
¦ÉÉMÉ  +É`ö--132--3+

Inspection  by
Government.

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Power of State
Government to
suspend  or
rescind  any
resolution or
order, etc. of
Committee.

Public officers
to furnish
copies or
extracts from
certain
documents.

Dissolution and
supersession
of Committee.

34.

(1) If, in the opinion of the State Government, the execution of any resolution,
decision or order of the Committee or that the doing of any act which is about to be done or
is being done by or on behalf of the Committee in contravention of or in excess of the powers
conferred by or under this Act or any other law for the time being in force, or is likely to lead
to abuse or misuse of, or to cause waste of the Trust Fund or Management Fund, or is likely
to cause injury or annoyance to the public or is against public interest, or is likely to lead to a
breach of the peace or is unlawful, it may, by order in writing, suspend or cancel, the execu-
tion of such resolution or order or prohibit the doing of any such act for such period as it may
specify therein. When the State Government makes any order, it shall forthwith forward to
such Committee a copy of the order, indicating therein the reasons for making it.

(2) Within thirty days from the date of the receipt of such order, the Committee may, if
it thinks fit, make representation to the State Government, in writing indicating therein, why
the order of the State Government should be rescinded, revised or modified. If no such
representation  is  received  by  the  State  Government  within  the  prescribed  time,  it  shall
presume that the Committee has no objection if the order of the Government is confirmed:

Provided that, the State Government shall, before making such order, take into consid-

eration the representation of the Committee, if received before such an order is made.

(3) On receipt of such representation from the Committee, the State Government may,
within a period of six months from the date of receipt of such representation, rescind the
order or may revise or modify or confirm the order or direct that the order shall continue to
be in force with or without modification.

(4)  In  a  case  where  the  record  of  any  proceeding  or  decision  or  order  of  the
Committee    is  called  for  by  the  State  Government  under  sub-section  (1),  it  may  stay
the  execution  of  any  such  decision  or  order  pending  the  exercise  of  its  power  under
sub-section (1).

35. All  public  officers  having  custody  of  any  record,  register,  report  or  other
documents relating to the Devasthan Trust or to any movable or immovable property thereof
shall furnish such copies of, or extracts from, the same as may be required by the Committee
or by the Executive Officer.

36.

(1)  If  the  State  Government  is  of  the  opinion  that  the  Committee  appointed
under this Act is not competent to perform or makes persistent default in performing the
duties imposed on it by or under this Act or any other law for the time being in force or the
rules made thereunder, or fails in complying with the lawful directions, including those arising
out of audit of accounts of the Devasthan Trust  or out of inspection of its office, the property
or work thereof, or exceeds or abuses its powers, or if it is necessary or expedient for any
other reason whatsoever which may be considered sufficient by the State Government, it
may, after due enquiry, by notification in the Official Gazette, curtail the term of office
bearers and members of the Committee and dissolve the Committee and constitute another
Committee within a period of six months from the date of dissolution; or supersede the
Committee by a like notification for such period not exceeding six months, as the State
Government may deem fit, and communicate to the Committee in writing, the ground on
which it is dissolved or superseded.

(2)  The  term  of  the  Committee  constituted  under  sub-section  (1),  may  be  for  the
remainder term of the Committee in place of which it has been constituted or, subject to the

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15

provisions of sub-section (1), for a full period of three years, as the State Government may,
by the notification in the Official Gazette, specify.

(3) Where the Committee is dissolved or superseded under sub-section (1), the State
Government shall appoint for a specified period, a person to be an Administrator from amongst
the persons in the service of the State Government or from the persons who have retired
from such service (such person not being below the rank of a Collector) to exercise the
powers and to perform the functions of the Committee under this Act, until the constitution
of another Committee or till the expiry of the period of supersession, as the case may be.

(4) The State Government may, by order issued in that behalf, fix remuneration and
other conditions of service of the Administrator appointed under sub-section (3). His remu-
neration and allowances shall be paid from the Management Fund.

37.    Any person who,-

(a) having in possession, custody or control of any property, document or books of
accounts belonging to the Devasthan Trust , the management and control of which has
been regulated under the provisions of this Act or the rules framed thereunder, wrong-
fully withholds such property or documents or books of accounts from the Devasthan
Trust or any other person duly authorised by the Government or the Committee to
inspect or call for the same; or

(b) wrongfully obtains possession of, or retains any property, document or books of
accounts of Devasthan  Trust  or wilfully withholds or fails to furnish or to deliver to the
Committee or any other person authorised by it in this behalf; or

(c)  wrongfully  removes,  destroys  or  mutilates  property,  documents  or  books  of
accounts of the Devasthan  Trust, shall, on conviction, be punishable with imprisonment
for a term which may extend to one year, and with fine, which may extend to ten
thousand rupees.

Penalty for
wrongful
withholding of
property
belonging
to  Devasthan
Trust.

Preparation
and mainte-
nance of
registers  by
Devasthan
Trust.

PREPARATION AND  MAINTENANCE  OF  REGISTERS  BY THE TRUST

CHAPTER  IX

38. (1) For  the  Devasthan Trust,  there  shall  be  prepared  and  maintained,  in  such

form and manner as may be prescribed, a register showing,-

(a) the origin  and history of  the Devasthans Trust,  and the name of  the erstwhile
trust's Committee members including the present, and particulars as to the custom
and usage, if any, regarding succession to the office of the trustee or its membership;

(b) particulars of the scheme of administration, if any, and of the scale of expenditure;

(c) the name of all offices to which any salary, emolument or perquisite is attached
and the nature, time and conditions of service in each case;

(d) the money, jewels, gold, silver, precious stones, vessels, utensils, articles and
other movable properties of the Devasthan Trust  with their weights, details of the
constituent elements and estimated value thereof;

(e) particulars of immovable properties and all other endowments of the Devasthan
Trust and all title deeds and other documents;

(f) detailed particulars of constituent elements of and coloured photographs of the
idols and other images in or connected with the Devasthan Trust  whether intended
for worship or for being carried in procession;

(g) particulars of ancient or historical records with their contents in brief.

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(2) The register shall be prepared, signed and verified by a member of the Committee

so authorised by it or by the Executive Officer of the Committee.

CHAPTER  X

MISCELLANEOUS

39. In all suits and other legal proceedings by or against the Devasthan Trust or the
Committee, the pleadings shall be signed and verified by the Executive Officer and all pro-
cesses in such suits and proceedings shall be issued to, or served on, the Executive Officer.

40. (1) Where the erstwhile trust or any trustee or Committee thereof was, immedi-
ately before the appointed day, a party to any legal proceedings with respect to any property,
rights, liabilities or obligations since vested in the reconstituted Devasthan Trust under sec-
tion 3,  by the name of  the erstwhile trust, the  said reconstituted Devasthan Trust  or its
Committee, shall be deemed to have been substituted for the erstwhile trust or its trustees or
Committee, as a party to those proceedings, or added as a party thereto, as the case may be,
and the proceedings shall continue accordingly.

(2) Any reference to the erstwhile trust or its trustees or Committee in any law for
the time being in force or in any rule, regulations, notification or order issued thereunder, or
in any instrument or other document shall, on and after the appointed day, or the date of
commencement of this Act, as the case may be, unless the context otherwise requires, be
construed as  a reference  to the  Devasthan Trust, as  reconstituted under  section 3  or its
Committee, as the case may be.

41. (1) The Committee shall cause to be prepared an annual report, including the
administration report of the Devasthan Trust and Auditor's report for each financial year
ending on the 31st March, showing therein the financial status and the details of income and
expenditure of the Devasthan Trust with a detailed list together with the relevant information
of  donee  institutions  (with  full  address),  and  the  patients  to  whom  financial  assistance
was given by the Devasthan Trust and the amount of such financial assistance, and submit
such report, list and information to the State Government not later than the 30th June of that
year.

(2)  A copy of the report received under sub-section (1) shall be laid, by the State
Government, as soon as may be, after it is received, before each House of the State Legis-
lature, and a copy of the report or any extracts thereof shall be furnished by the Devasthan
Trust to any person demanding the same, on payment of such reasonable fees or charges as
determined by the Committee.

42.  The members, the Executive Officer and all the officers and employees of the
Devasthan Trust shall be deemed to be a public servant within the meaning of section 21 of
the Indian Penal Code and clause (c) of section 2 of the Prevention of Corruption Act, 1988.

45 of
1860.
49 of
1988.

Suits and
other
proceedings
by or
against.

Continuance of
legal proceeding
by or against
erstwhile public
trust  and
construction of
reference to
that  trust.

Annual report
of  Committee.

Members of
Committee and
officers and
employees of
Devasthan
Trust
to be public
servant.

Protection of
action taken in
good faith.

43.      No  suit,  prosecution  or  other  legal  proceeding  shall  lie  against  the  State
Government, or its servants, the Committee or any member, officer or employee of the
Committee, for anything which is done in good faith or intended to be done under this Act or
the rules and regulations made thereunder.

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17

44.  The provisions of this Act shall have effect, notwithstanding anything contained in
the Public Trusts Act or any other law for the time being in force, or in any scheme of
management framed thereunder before the appointed day or in any judgement, decree or
order of any court, tribunal, Charity Commissioner or other Competent Authority or in any
custom, usage or instrument.

Acts  to
override other
laws, etc.

Mah.
XVIII of
2000.

45. (1)  Notwithstanding  anything  contained  in  the  Maharashtra  Rent  Control Act,
1999, the provisions of the said Act shall not apply to any tenancy created in respect of the
property of the Devasthan Trust as reconstituted under this Act or to any accommodation
provided by Devasthan Trust.

Provisions of
the Maharashtra
Rent control
Act, 1999
not  to  apply.

(2) For the removal of doubt it is hereby declared that any suit or proceeding instituted by
a tenant in respect of  any building or part thereof owned by Devasthan Trust to which the
provisions of the Maharashtra Rent Control Act, 1999 shall not apply, pending before any Court or
other authority, shall stand abated and all rights and privileges conferred by the said Act or by any
other law for the time being in force shall cease and shall become unenforceable.

Mah.
XVIII of
2000.

(3) Nothing contained in this section shall be deemed to render invalid any suit or
proceeding in which a decree or order passed has been executed or satisfied in full before
the appointed day.

46. (1) The State Government may, by notification in the Official Gazette, make

rules to carry out the purposes of this Act.

Power to make
rules.

(2) Except when rules are made for the first time, rules made under this Act, shall be

subject to the condition of previous publication:

Provided that, if the State Government is satisfied that circumstances exist which render
it necessary to take immediate action, it may, after recording the reasons therefor in the notifi-
cation, dispense with the previous publication, of any rule to be made under this section.

(3) Every rule made under this section shall be laid, as soon as may be, after it is made,
before each House of the State Legislature, while it is in session for a total period of thirty
days, which may be comprised in one session or in two successive sessions, and if, before the
expiry of the session in which it is so laid or the session immediately following, both Houses
agree in making any modification in the rule or both Houses agree that the rule should not be
made,  and  notify  such  decision  in  the Official  Gazette,  the  rule  shall  from  the  date  of
publication of such notification have effect only in such modified form or be of no effect, as
the case may be; so however that, any such modification or annulment shall be without
prejudice to the validity of anything previously done or omitted to be done under that rule.

47. (1) The Committee may make regulations, not inconsistent with this Act or any
rule, which may be necessary or expedient for the purposes of carrying out its duties and
functions under this Act.

Power to make
regulations.

(2) No  regulation made  by  the Committee  shall  come  into force  until  it has  been
confirmed,  with  or  without  modification,  by  the  State  Government  or  by  the  Charity
Commissioner when so authorised by the State Government in that behalf.

(3) All regulations made under this section shall be published in the Official Gazette.

48. (1) If any difficulty arises in giving effect to any of the provisions of this Act, the
State Government may, as occasion arises, by an order published in the Official Gazette, do
anything not inconsistent with the provisions of this Act, which appears to it to be necessary
or expedient for the purpose of removing the difficulty:

Removal of
difficulties.

Provided that, no such order shall be made after the expiry of a period of two years

from the date of commencement of this Act.

(2)   Every order made under sub-section (1) shall be laid, as soon as may be, after it

is made, before each House of the State Legislature.

ON  BEHALF  OF  GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATION,  PRINTED  AND  PUBLISHED  BY    I/C  DIRECTOR
SHRI  MANOHAR  SHANKAR  GAIKWAD,  PRINTED  AT  GOVERNMENT  CENTRAL  PRESS,  21-A,  NETAJI  SUBHASH  ROAD,  CHARNI
ROAD,  MUMBAI  400  004  AND  PUBLISHED  AT  DIRECTORATE  OF  GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATIONS,
21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 EDITOR : I/C DIRECTOR SHRI MANOHAR SHANKAR GAIKWAD.

